84248 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 

Section 305(d) authorizes NMFS to take 

action to carry out provisions in FMPs 

and of the MSA. In a previous action 

taken pursuant to section 304(b), NMFS 

approved the Council designed 

provisions in the FMP to authorize 

NMFS to annually adjust and distribute 

sector carryover consistent with MSA 

requirements to prevent overfishing and 

achieve optimum yield. See 

§ 648.87(b)(1)(i)(C). The NMFS Assistant 

Administrator has determined that this 

final rule is consistent with the 

Northeast Multispecies FMP, other 

provisions of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, and other applicable laws. 

This final rule is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B), 

NMFS finds good cause to waive prior 

public notice and opportunity for public 

comment on the allocation adjustments 

because allowing time for notice and 

comment is impracticable, unnecessary, 

and contrary to the public interest. 

Notice and comment would be 

impracticable, unnecessary, and 

contrary to the public interest, as the 

distribution of unused quota carried 

over from the previous fishing year is an 

annual adjustment action that is 

expected by industry. These 

adjustments increase available catch, 

and sector vessels will be able to fish for 

this additional catch as soon as this 

action is in effect, which will provide 

increased operational flexibility and 

ability to catch its available allocation. 

They are routine, formulaic, and 

authorized by regulation. The public 

had prior notice and opportunity to 

participate in the development of and 

comment on the regulations 

implementing this process and expects 

this adjustment each year. Delaying 

these adjustments would result in a 

delay in the distribution of unused 

carryover to sectors, and could negate or 

reduce the intended economic benefits 

and increased operational flexibility 

provided by these adjustments. 

Carryover from 2022 was only recently 

finalized because it is based on data that 

was not available until the fall upon the 

conclusion of the catch accounting 

process for fishing year 2022. 

Also, because advanced notice and 

the opportunity for public comment are 

not required for this action under the 

Administrative Procedure Act, or any 

other law, the analytical requirements of 

the Regulatory Flexibility Act, 5 U.S.C. 

601, et seq., do not apply to this rule. 

Therefore, no final regulatory flexibility 

analysis is required and none has been 

prepared. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 30, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–26655 Filed 12–4–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD343] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Hook-andLine Gear in the Central Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/ 

processors using hook-and-line (HAL) 

gear in the Central Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 2023 

Pacific cod total allowable catch (TAC) 

apportioned to catcher/processors using 

HAL gear in the Central Regulatory Area 

of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), December 1, 2023, 

through 2400 hours, A.l.t., December 31, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subparts H of 50 CFR parts 

600 and 679. 

The 2023 Pacific cod TAC 

apportioned to catcher/processors using 

HAL gear in the Central Regulatory Area 

of the GOA is 562 metric tons (mt) as 

established by the final 2023 and 2024 

harvest specifications for groundfish in 

the GOA (88 FR 13238, March 2, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2023 Pacific cod 

TAC apportioned to catcher/processors 

using HAL gear in the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 552 mt and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher/processors using HAL gear in 

the Central Regulatory Area of the GOA. 

While this closure is effective, the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion, 

and would delay the closure of Pacific 

cod by catcher/processors using HAL 

gear in the Central Regulatory Area of 

the GOA. NMFS was unable to publish 

a notification providing time for public 

comment because the most recent, 

relevant data only became available as 

of November 29, 2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 30, 2023. 

Michael P. Ruccio, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–26660 Filed 11–30–23; 4:15 pm] 

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